Establish Business in China
Business Analysis
Representative offices 1. Establishment procedures (1) Examination and approval procedures: Issuance of approval certificate (2) Registration procedures: Issuance of the registration certificate for representative offices (3) Post-establishment registration 2. Business scope for representative offices and their internal operational rights 3. legal status of representative offices and their relationship with the foreign parent enterprises 4. Authorities of chief representative and representatives of representative offices 5. Employment of staff of representative offices
6. Relevant legal issues concerning chief representatives and representatives of representative offices 7. Tax burden of representative offices established by foreign enterprises (1) why should representative offices pay PRC business Tax and enterprise income Tax (2) computation and payment of enterprise income tax and business tax (3) declaration and payment methods
Foreign investment control system of the PRC 1. approval system (1) Macro control (2) Control over specific foreign investment projects through the approval system (3) Methods of evasion of the state control over foreign investment 2. nationalization and requisition 3. Establishment procedures for foreign investment enterprises (1) approval phase (2) registration with AIC (3) post-establishment registrations 4. Legal issues relating to the joint venture contract and articles of association (1) The language of the joint venture contract and articles of association (2) Which should prevail , the joint venture contract or the articles of association (3) The registered capital and total investment (4) Financing of subscribed capital (5) Guaranteed of subscribed capital (6) Time limits for capital contribution (7) Conditions precedent to capital contribution (8) Evaluation of the capital contributed by the Chinese and foreign investors
Changes and restructuring of foreign investment enterprises 1. changes of foreign investment enterprises (1) changes requiring approval of the original approval authority (2) Reduction in total investment and registered capital (3) Increase of total investment and registered capital 2. Restructuring (1) Types of restructuring (2) Debt Restructuring (3) Equity Restructuring 3. Merger and division of foreign investment enterprises (1) Merger (2) Division Termination of foreign investment enterprises 1. Liquidation (1) General introduction to the legislation of liquidation (2) Types f liquidation (3) Liquidation Reasons (4) Liquidation Procedures for foreign investment enterprises (5) Inconsistencies between the liquidation Methods for foreign investment enterprises and other laws and regulations 2. Bankruptcy (1) Voluntary commencement of bankruptcy and compulsory commencement of bankruptcy (2) Chinese legal regime for bankruptcy of foreign investment enterprises (3) Bankruptcy procedures for foreign investment enterprises (4) Disposal of assets found after the termination of the bankruptcy procedure
Organization structure of foreign investment enterprises 1. EJVs (1) Board of directors (2) Genera manager, deputy general manager and chief accountants 2. CJVs (1) Board of directors or the joint management committee (2) General manager 3. WFOES 4. FICLBSs (1) Shareholder's general meeting (2) Board of directors (3) supervisors (4) The management organization of a FICLBSs 5 Legal representative (1) filing an action (2) Entering into a contract
Legal issues in the management and operations of foreign investment enterprises 1. business scope (1) General introduction (2) Loans (3) Sales activities 2 protection of shareholder's interests (1) Statutory Protection of minority shareholders (2) Protection of the minority shareholder's interests through the articles association 3 confidentiality (1) trade secrets (2) other secrets 4 prohibition of competition 5 Transfer pricing (1) Chinese law prohibits transfer pricing (2) Eight categories of related enterprises (3) Four categories of transactions between related enterprises (4) The tax authorities have the right to adjust the prices f transactions between related enterprises (5) An FLE is obligated to report transactions between related enterprises to the Chinese Tax authorities. (6) The tax authorities should have the right to audit an FLE (7) Advance pricing (8) World Policy of Multinational Companies 6 Bribery (1).Bribery of public officials and public authorities (3) commercial Bribery
Processing Trade and compensation Trade 1 Introduction to processing Trade and compensation (1)Definitions of processing trade and compensation trade (2) New trend for the development of processing Trade and compensatory trade 2 processing trade (1) Structure design (2) Approval process (3) Classification of Processing trade (4) Practice of processing Trade
Dispute resolution 1 Introduction to the four dispute resolution methods (1) consultation (2) Mediation (3) Litigation (4) Aritration 2 Design of Dispute resolution plans (1) The issues that should be taken into account when designing dispute resolution plans (2) Drafting arbitration agreements
